It's both choices. I can't speak for Texas, but for OH and MI it's common not to reply to an appeal unless the court indicates a reply is needed. The court is indicating the K&L has at least some basis for their appeal so they requested a response. It doesn't mean anything beyond that. Though the fact that this is taking so long just to see if there will even ever be a trial makes me wonder how long this could go on. K&L may just be waiting for the lights to go dark.
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